Divorce and the legal regulation of relationship between parents and a child after divorce

61 6 Divorce and legal regulation of proportion of parents to the minor child for a period after divorce 6.1 Resumé This diploma deals with the Czech legal regulation of divorce of marriage and status of the minor child during and after the divorce procedure. In the second chapter, following the introduction, is described the divorce itself. The divorce is the only possible legal dissolution of the marriage throughout spouses' life upon the qualified breakdown. As demanded by law, the qualified breakdown has to be deep, permanent and the restoration of cohabitation cannot be expected. The Czech legal regulation recognizes tree forms of divorce, (i) non-contentious (consensual) divorce, (ii) contentious divorce and (iii) divorce with harshness clause. Non-contentious divorce (hereinafter referred to as "consensual divorce") was amended in our legal regulation in 1998 by the act No. 91/1998 Coll. In my opinion this consensual divorce is the best how to dissolve the marriage from the point of view of the protection of the child's interests. The advantage of the consensual divorce is that spouses have to set off all their rights and obligations relating to their marriage (i.e. property relations, living situation, agreement on the status of the minor child after the divorce, … etc.). Without any doubt the..